People v. Santos

Judgment unanimously modified, on the law, and, as modified, affirmed. Memorandum: Defendant was tried on counts of rape in the first degree, sodomy in the first degree and sexual abuse in the first degree. The jury found him guilty of three counts of coercion in the second degree as lesser included offenses. All counts in the indictment required proof of forcible compulsion (Penal Law, §§ 130.35, 130.50, 130.65) which was then defined, in part, as “a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person” (Penal…